Aroma Beauty And Spa vs. The State Of Telangana
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The petitioner, Aroma Beauty and Spa, operating a wellness center, filed a writ petition challenging the interference of police officials in their lawful business. The petitioner contended that the police were acting under the guise of an impugned notification dated 30.06.2010, issued by the Commissioner of Police, and were demanding similar court orders as previously granted in WP No. 16281 of 2010 and batch. The petitioner asserted that they were not violating any laws and were already complying with the directions issued by the High Court in the aforementioned writ petitions. The respondents, represented by the Assistant Government Pleader for Home, argued that the petitioner was operating without necessary permissions from municipal authorities and GST. However, they also stated they would adhere to the court's previous directions and were not interfering with the business.
Held
The High Court disposed of the writ petition by directing the petitioner to strictly follow the directions previously issued by the Court in its order dated 28.09.2021 in WP No. 16281 of 2010 and batch. The Court clarified that this order did not preclude the respondents from ensuring the petitioner's compliance with those directions. If any deviation was observed, the police were permitted to take appropriate steps strictly in accordance with the law. The Court also noted that if any complaint was made against the petitioner, they should cooperate with the police inquiry. Furthermore, the petitioner was advised to obtain necessary permissions from the Municipal and GST authorities. The Court's reasoning was based on the submissions of both parties and the existing judicial precedent established in the batch of writ petitions concerning similar businesses. The Court aimed to ensure that the petitioner's business operated within legal bounds and in compliance with the established guidelines, while also empowering the police to act if violations occurred.
Key Issues
1. Whether the action of the respondent police officials in interfering with the lawful business of the petitioner's spa and wellness center, under the guise of notification No. L&Q/Ma/3HO/2010 dated 30.06.2010, is arbitrary, illegal, and unconstitutional, violating Articles 14 and 19(1)(g) of the Constitution of India? 2. Whether the respondents are justified in forcing the petitioner to obtain similar court orders as granted in WP No. 16281 of 2010 and batch, despite the petitioner claiming no violation of law? Petitioner's Arguments: The petitioner argued that their business of providing beauty and wellness solutions was lawful and they possessed valid registration certificates. They contended that the police's interference, demanding fresh court orders, was illegal and arbitrary, especially since they were already adhering to the directions issued by the High Court in WP No. 16281 of 2010 and batch. They relied on the previous court order which permitted similar businesses to operate under specific conditions. Respondents' Arguments: The respondents, through the Assistant Government Pleader, submitted that the petitioner was operating without obtaining necessary permissions from municipal authorities and GST. However, they also stated that the respondents were not interfering with the business activities and would follow the directions previously issued by the High Court in WP No. 16281 of 2010 and batch.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E'V.VENUGOPAL WRIT PETITION No.14274 of 2o26 Date: 30.o4.2026 Between: Aroma Beauty and SPa ..Petitioner And The State of Telangana, ReP. bY its Principal Secretary, Home Department, T.S. Secretariat, Hyderabad, TG-5OO0O4 and three others .. Respondents ORDER: This Writ Petition is filed seeking the following relie[:- ".--pleased to issue Wit, or Writs, Order or Orders more particularty one in tLLe no'ture of r'r'tit of mandamus declaring the action of the Respond-ents Police Olficials and Olftcers of SOT in interfeing raith lantful business of petitioner shops under the guise of impugned notification No.(L&Q/ Ma/ 3HO/2O10, Cated 30'O6'2O10 passed bg the 2"d respondent and forcing the petitioner to secure similar orders from this Honourable Court as passed in W.P.No.16281 of 2O1O and botch though there is no uiolation committed by the petitioner in ntnning tLrcir SPA Wellness Centre as arbitrary being illegal' arbitrary and uiolatiue of Artble la, 1g(1)(g) of the Constitution of India' and direct the respondents and' their ofiicers not to interfere in tle d.ag to dag business of petitioner shops" '" 2.HeardSriTalariRaju,learnedcouraselappearingforthe petitioner and Sri M.Srinivas, learned Assistant Government Pleader for Home appearing for the respondents and with their consent, this writ petition is being taken up for disposal at the admission stage ffiee
2
Learned counsel appearing lor the petitioner would submit that the petitioner is engaged in the: business oI providing solutions for all beauty and wellness needs such as saloon and spa. The petitioner is holding a valLd registration certificates for running business. It is further subr:-ritted that the respondents visited the spA centre and asked the petitioner whether he has an order from this Court to run the business as this Court had decided similar issues in the order, dated 28.09.2021 in W.P.No. t62Bl of 2010 and barch, rvherein this Court issued the following directions:_ "In vrew of the submissions of learned counsel for both srdcs, these Wrir Petitions ire disposed oi in terms of or.clcr dated O4.O2.2OZ| in LA.N<_r. t ot 2O2O in W.p.No.244l O ot. 2O2O, permitting the petitioners to run the massage centres, subject to maintaining a record in the register to be maintaincd by the massage centres containing the dates of visits of the customers, their names and verihable addresses together rvith the phone numbers, so as to enable the potice to contact them on the aspect of the request to the owner/ managcr/op,:rator o[ the masMge centres to provide for the help from the ,rpposlte sex. Further, it shall be open to any police oflicer not below the rank of a Sub-Inspector of police attached to any police station to verify once in a while such records maintained by the massage centres and he shafl also be at liberty to r.erify as to whether the particular customer has soticited ary such special service from the massage centre or not. It is also open to the police to take appropriate action dependrng uPon the result o[ any such verification and also considering ihe fact that whether the cross massage service provided to the customers is in professional manner or not. policc are also entitled to investigate into crimes, if any, reported against the 3 \ petitioners. Petitioners are also directed not to keep the main door of the premises closed, during the working hours. Subject to these conditions, the petitioners may be permitted to carry on the business, duly taking atl necessary and proper precautions to ensure that no incident of immoral activity is carried on under the guise of providing whole body massage. Miscellaneous petitions pending in all the Writ petitions, if any, shall stand closed. There shall be no order as to costs" It is stated that the petitioner is already implementing the directions of this Court and there is no deviation from the same in whatsoever manner, yet the respondents are insisting to secure an order from this Court to continue the business. Questioning the same, the present Writ petition is hled. 4 . Learned Assistant Government Pleader for Home has submitted that without obtaining any permission from the municipal authorities as well as GST as required under law, the petitioner is operating business activities. He further submitted that the respondents are not interfering with the business activities of the petitioner and the respondents would follow the d.irections issued by this Court in the order, daLed 28.09.2021 in W.P.No. 1628I of 2O10 and batch.
In view of the said submissions, this Writ Petition is disposed of, directing the petitioner to follow the directions issued by this Court in the order dated 2a 'O9 '2O2I in W.P.No. 16281 of 201O and batch. However, this order does not preclude the respondents to ensure that the petitioner is \ ?j
4 follou,ing the directions issued of this Court in W. ?.No. 1628l ol 20 10 and batch, and if any deviation is c,bserwed, the respondents police may take appropriate steF,s strictly in accordance with law, and if any cornplaint is macle against the petitioner, the petitioner shall cooperate with the enquiry with the respondents police. Needless to mention, it is open to the petitioner to obtain permission from the aur,horities i.e., Municipal and GST and to comply with the order passed by this court dated 28.09.2021 in w.p.No.16281 0f 2010 e.nd batch. As a sequel, the miscellaneous petitions pending, if any, shalI stand closed. No costs. I MOHD. TSMAIL DEPUW REGISTRAR //// SECTION OFFICER 1 . The Principal Secretary Home Department TS Secretariat, Telangana State Flyderabad TG-500004
The Commissioner of Police, Cyberabad Police Cornmissionerate Old mumbai Hwy Telecom Nagar Extension Gachibowli Hyderabad Telangana 500032
The Assistant Commissioner of Police, ACP Narsingi Division Narsingi Village Western Side HyderabakTebogana 5001 19
The Station House Officer, Gachibowli Police Station C)achibowli Rd Beside JNIDB Junction ger Gachibowli Hyderabad Telangana 500032
One CC to SRI REVELLI RAMANJANEYULU, Advocate [OPUC]
Two CCs to GP FOR HOME, High Court for the St;ate of Telangana, at Hyderabad [OUT]
Two CD Copies. (Along with a copy of the Order, dated 28-09-2021 in WF' No.16281 of 2010 to this Order) BSK € To, F \
HIGH COURT DATED: 3010412026 ORDER WP.No.14274 of 2026 DISPOSING OF THE WRIT PETTTION WITHOUT COSTS '';;iiiiut11;;B , .1 ' :'' .i;" '"i -1 11 l.u 10?6 l.- A ).
TT{E (ONOURAI]LE SRI JUSTTCE K.L]\{(SfiMAI{ IXrfIIT PETTTT(, N lYos. 16281 a(rd f6419 of 20to 797 L23t t876 a od. 2272 of zo L4 3O3 l7 of 20 L5 ls4 t3 15 435 29229 2923 L 3084a 33t2t 3a409 40738 64$ 65a 2955 4O787 a.od 44939 of 20 t6 3407 t tos I 20o69 2590I 2A920 4lo t2 4 L32B 41355 aod 4 t422 o(20 3482 L7249 26367 26A22 34478 35307 3a6 17 39397 399 L7 39937 44044 44{67 45592 a nd 658 of 20 La & $2627 4399 389 t 4447 ra86 19352 2o'03 2 L909 2L924 I 2 L930 227o,0 23794 24674 6 264LO 2 lO7 aod 2912L ot 2019 347 70a L887 r906 3s89 472A 5378 200a9 20443 2L297 2233A 225A4 22629 2408o 240AL 24o'8s 2433 24357 244 LO 24657 4 2482 336 r 24659 24660 24662 aod 24673 ot2o20 4473 448a 6595 66 L4 ao50 130 lo L L225 I 1350 L4562 t 643 I 20734 2275 L 22't6L 2276a 22Als 2303 I 2336L aud 23822 of 2O2I cot\{MoN ORDER Sroce thc rssue in(,otvcd[ irl all thcse Wnt petitioas is one and rrrc sanne. they are ber,..g disposed of br tllis coftrqroo O rder 2_ lt is submrrtcd by tlrc [eanred couosel for Ltrc pcrrtioners in a.ll tttc Wnt pctitioas a.lrd learncd Govg6nm6nl plcadcr to( Homc that thc cnlire batch of these Wrir petilions carr bc disposcct of in re.rns of intcrirn order dated O4_OZ.ZO2L in I-A.No. t of 2O20 ia \Ar-p.No.2zr4 t O ot 2O2O. ? In view of the submissions of [ea-rned coutrse[ tor bottr sidcs. ttrese Writ petitions a'.e disposed of ia terrns o[ ordcr dated o4-o2.n2 t in t.A.No. L of 2020 ia w.p.No-244IO of 2O2O, pcrrnattiog the petitioaers to run ttre eassage centres. subjcct to maintaining a recocd in the registc( to bc rrtaintained by the rnassage cerrtres corrtainirtg the dates oI visiG of tlae custocrers, tftek narncs artd vcrierable address<js togcthc( \*.ith the phorrc rrurrrbcrs, so as to enabte the poticc
& to contact tlle(rt oo ttre asPect of the nlquest to ttrc owne./ rna(rage(/operator o[ thc massaBc ccn:ccs to grovide for the help from ttre oppositc ser Further. it shall bc opco to any poticc of{icc. not bclow the rafrk of a Strb-tnspector o[ Potrce attachcd to arry poticc statioa to verify ('rrce in a -while s' such records maintained by thc massage ientrr:s arrd he shall also be at tiberty to ve.ify as to whcthec tt.te partrcutar custoaacr has solicitcd any such spccial scr.ricc lrom tlle massage ccntrc or no{ [( is also open to thc policc to take approprr.atc action de[)cndrng upo(t fhe .csu[ o[ any suctr ve.ification arrd also constdcring tfre fact that whettrer the cross [rassagc serwicc pror.rded to the cu:;tomers is rn {)aolcssronarl rnarlnca oa rrot [,o[[cc arc atso entitted to invcsti8aLc rnto cr imcs, if any, .eported agair1s( thc pctitionecs Pctitioncrs are also dirccted not to <eep ttrc rnain door of the prernrscs closcd. during the vr,trking hours Subject to thesc conditioos. thc pctitioncrs may bc pecrnitted to carry on the bqsiness, duty takr(tg aI[ ncccssz,ry altd proper prec-autions (o cnsurc that no incidcnt of rmm()ral actiqty ls cdrried on undcr tl e guise of providing whole trody rnass:rge- Miscellaneous petitions pending in all the Wrr.C Pctitions, if any, shall- stald closcd, There shalt tre rto orde. as to costs- K. LAKSRMAN, J Datc: 28 .O9 .2021 TJMR
Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.